The processing fee for an Oregon state trademark is $50. Although an Oregon trademark doesn’t confer all the benefits of federal registration, it does have some benefits over a common-law trademark, including trademark rights extended to the entire state without having to prove the geographical reach of your trademark use and triple damages of defendant’s profits as well as attorney’s fees.

Back in the day, a few friends making a small magazine on a photocopy machine, or a zine, was restricted to word of mouth solicitation for content and distribution to friends or family and a few retail outlets. The zine was unlikely to get noticed by companies that might have superior trademark rights, and even if the zine was noticed, no one probably cared. But leveraging social media by soliciting contributions on Twitter, and then publishing on MagCloud, which easily allows anyone to publish professionally looking printed magazines sold online nationally and internationally, will naturally attract attention.

The founders of 48 Hour Magazine proclaimed that they wanted “proof that it doesn’t take a bunch of money and lawyers to make something great.” They’re right–it doesn’t take money and lawyers to make something great. But you do need a trademark attorney if there’s a chance your something great is going to go out in the world and get noticed. The reality is that people own brands of which they are fiercely protective, and the risk is that you’ll have to hire a lawyer later on to respond to and resolve the conflict. What could have have been a matter of a few hundred dollars to run a trademark search upfront becomes a matter of thousands of dollars in attorney time to respond or negotiate a settlement (and don’t forget the potential of tens of thousands of dollars it takes to defend a lawsuit).

Luckily, 48 Hour Magazine found an attorney to represent them for free. But it’s not so lucky that they’ll lose some brand recognition and momentum if they have to change their identity.

Update–48 HR magazine is having a difficult time coming up with a resolution with CBS. CBS is demanding the following:

1. CBS wants to be able to vet the magazine’s new name.

2. CBS wants to own the magazine’s existing URL, 48hrmag.com.

3. It’s unclear how long the network would be willing to allow that URL to redirect to the magazine’s yet-to-be-created new website, which Honan [a 48 HR Magazine founder] said would be the only way to ensure continuity between the debut issue, created the weekend of May 7, and the second issue, which they’re planning for the end of August.

Update–48 HR announced that it would be publishing a similar type of magazine venture in late August and ceased all sales of its first issue as of June 27.

Another Update–48 HR has changed its name to Longshot.

The Gazette article notes that Avanta and Advanta are “neological” names.  While it’s true that coined or fanciful marks can be good choices for trademarks, both of these appear to be closely derivative of the word ‘advantage’.  Chances are if you’ve thought of a form of ‘advantage’, so has someone else, which increases the chances that your new brand may be infringing a prior trademark use. Originally published June 19, 2009.

Update: unfortunately, Advanta’s efforts to protect its brand couldn’t prevent it from going on the FDIC’s failed bank list.